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(영문) 수원지방법원 안산지원 2016.01.13 2015고단3686
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On July 31, 2015, the Defendant was indicted by stating “13:10 on the same day” on the same day, but in light of the content of the facts charged (15 pages of the investigation record), it appears to be a clerical error in “15:27”.

From around August 2, 2015, the prosecutor entered “13:470 on the same day” as “13:470 on the same day. However, in light of the facts charged, etc. (the 17th page of the investigation record), this appears to be a clerical error in “14:10 on the same day.”

Until then, by using mobile phones at a place below Seocho-gu Seoul, Seocho-gu Seoul, the victim D (hereinafter referred to as "C") who had access to the NAB, “B,” and posted a notice to the NAB, stating that “C,” had access to the NAB, and sought a room, shall be entitled to receive the 24 years of age.

E 연락 줘 ㅋㅋㅋ’, ‘ 연락처 좀 알려줘.. ㅋㅋ 동거하자’, ‘ 섹스는 인간의 3대 욕구입니다.

I am special, I am special, I am special.

The match is inappropriate.

커. 여자들이 다 좋아하던데.. ㅋㅋ 동거하면 돈도 안 들고 하고 싶을 때 성욕도 해소하고 피임만 조심하면..’, ‘ 너의 유방을 빨면서 내자 지를 너의 흥건한 보지 속에 내 자지를 넣고 너가 싸는 모습을 보고 싶어’, ‘ 너의 흥건한 보 짓 물을 먹고 싶어’ 라는 내용의 글을 쪽지로 전송하였다.

Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details on which a defendant sent to a victim;

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, including the relevant legal provisions and the choice of punishment, are as follows: (a) the defendant has not yet been led to recovery of damage; (b) the defendant has led to confession and reflect; and (c) the defendant has no past record of punishment except twice before and after the penalty is imposed).

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